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Law Review L Adelaide Adelaide Law Law ReviewReview 2015 2015 Adelaide Law Review 2015 TABLETABLE OF OF CONTENTS CONTENTS ARTICLES THEArronTHE 2011 Honniball 2011 JOHN JOHN BRAY BRAY ORATIONPriv ORATIONate Political Activists and the International Law Definition of Piracy: Acting for ‘Private Ends’ 279 DavidDavid Irvine Irvine FreeFrdomeedom and and Security: Security: Maintaining Maintaining The The Balance Balance 295 295 Chris Dent Nordenfelt v Maxim-Nordenfelt: An Expanded ARTICLESARTICLES Reading 329 THETHE UNIVERSITY UNIVERSITY OF OF ADELAIDE ADELAIDE JamesTrevorJames Allan Ryan, Allan and andProtecting Time Time and and Chance the Chance Rights and and theof the ThosePrevailing Prevailing with Orthodoxy Dementia Orthodoxy in in ADELAIDEADELAIDE LAW LAW REVIEW REVIEW AnthonyBruceAnthony Baer Senanayake Senanayake Arnold ThroughLegalLegal Academia AcademiaMandatory Happeneth Happeneth Registration to Themto Them of All All — —A StudyA Study of theof the Top Top Law Law Journals Journals of Australiaof Australia and and New New Ze alandZealand 307 307 ASSOCIATIONASSOCIATION and Wendy Bonython Enduring Powers? A Comparative Analysis 355 LaurentiaDuaneLaurentia L McOstler McKessarKessar Legislati Three Three Constitutionalve Constitutional Oversight Themes of Themes a Bill in theofin theRights: High High Court Court Theof Australia:of American Australia: 1 SeptemberPerspective 1 September 2008–19 2008–19 June June 201 20010 387347347 ThanujaKimThanuja Sorensen Rodrigo Rodrigo To Unconscionable Leash Unconscionable or Not Demands to Demands Leash Under the Under Do On-Demandgs On-Demand of War? Guarant Guarantees:ee s: TheA CaseA Politics Case of Wrongfulof ofWrongful Law Exploitationand Exploitation Australia’s Response 361361361 to Mercenarism and Private Military and Security ADELAIDEADELAIDE NicolaNicola McGarrity, McGarrity, CompaniesSunsetSunset Clauses Clauses in Australianin Australian Anti-Terror Anti-Terror Laws Laws 405399399 RishiRishi Gulati Gulati and and GeorgeGinoGeorge Dal Williams WilliamsPont The High Court’s Constructive Trust Tricenarian: LAWLAW REVIEW REVIEW Its Legacy from 1985–2015 459 MatthewRamiMatthew Hanegbi Groves Groves Small-scale The The Hardiman Hardiman PropertyRuleRule Development: 427427 and Wes Obst GST Implications 483 IanIan Murray Murray TravelTravel to Invigorateto Invigorate the the Mind Mind and and the the Wallet: Wallet: Svetlana Tyulkina MilitantDoDo the the In Democracy:te Inrnationalternational Tax An Tax Rules Alien Rules Appropriately Concept Appropriately for AustralianEncourageEncourage ConstitutionalUnited United States–Australian States–Australian Law? Academic Academic Visits? Visits?517 455 455 GeoffreyJennyGeoffrey Buchan Lindell Lindell and Administrativ In Defence In Defence of eTheof Law The High ParallelsHigh Court Court —with —Its ItsPrivateRole Role as anasLaw an Gehan Gunasekara Concepts:AgentAgent of Constitutionalof Unconscionable Constitutional Change Change Conduct, Good Faith 505505 and Fairness in Franchise Relationships 541 JoyceCASEJoyce Chi NOTESChi and and DoingDoing Business Business to doto doGood: Good: MMirandairandaMiranda Stewart Stewart 537537 Isabella Dunning Independent Commission Against Corruption CASECASE NOTES NOTES v Cunneen (2015) 318 ALR 391 577 RichardJoshuaRichard SPascaleletvold Sletvold DallasPGAPGA V BuyersThe V The Queen: Queen:ClubDo LLCDo Laws Lawsv iiNet Just Just Disappear?Ltd Disappear? [2015] 573573 FCA 317 (7 April 2015) 589 BOOKBOOK REVIEW REVIEW BOOK REVIEWS PetePer teBurdonr Burdon PropertyProperty Rights Rights and and Sustainability: Sustainability: The The Evolution Evolution Christopher Tomlins Wilfof Propertyof Prest Property (ed), Rights Rights Re-Inter to Meetto Meetpreting Eco Ecological Blackstone’slogical Challenges Challenges 581 581 VolVol 36 36Vol 36 No No 2 2 No 2 Commentaries: a Seminal Text in National and SUBMISSIONSUBMISSION OF OF MA MANUSCRIPTSNUSCRIPTS 586586 International Contexts 599 VOLUMEVOLUME 36 36 NUMBER NUMBER 2 2 AdelaideAdelaide Law Law Review Review Association Association AdelaideAdelaide Law Law School School TheThe University University of Adelaide of Adelaide AdelaideAdelaide SA SA 5005 5005 AUSTRALIAAUSTRALIA ALR_36(2)_COVER.indd 1 9/03/2016 2:16 pm S U N B C E RUCE LUM THE UNIVERSITY OF ADELAIDE ADELAIDE LAW REVIEW ASSOCIATION ALR_36(2).indb 1 9/03/2016 2:22 pm ADVISORY BOARD EmeritusEmeritus Professor W R Cornish EmeritusEmeritus Herchel Smith Professor ofof IntellectualIntellectual Property Law University of Cambridge United Kingdom Judge J R Crawford InternationalInternational Court ofof JusticeJustice The Hon Professor J J Doyle Former Chief Justice SuSupremepreme CourtCourt of South Australia Emeritus Professor R Graycar Sydney Law School The University of Sydney New South Wales Professor JJ V Orth William Rand Kenan Jr Professor of Law The University of North Carolina at Chapel Hill United States of America EmeritusProfessor Professor Emerita RR JJ OwensOwens Adelaide Law SchoolSchool The University of Adelaide South Australia Emeritus Professor I Shearer Sydney Law School The UniUniversityversity of Sydney New South Wales Professor J M Williams Professor J M Williams Adelaide Law School Adelaide Law School The University of Adelaide The University of Adelaide South Australia South Australia ALR_36(2).indb 2 9/03/2016 2:22 pm ADELAIDE LAW REVIEW Editors Matthew Stubbs Adam Webster Book Review Editor Adam Webster Senior Student Editors Samantha Graham Jerome Squires Student Editors Emily Carr Irene Nikoloudakis Isabella Dunning Joshua Pascale Ashleigh Jones Igor Popov Jack Madigan-Manuel Nadia Tooulou Publications Officer Panita Hirunboot Volume 36 Issue 2 2015 ALR_36(2).indb 3 9/03/2016 2:22 pm The Adelaide Law Review is a refereed journal that is published twice a year by the Adelaide Law Review Association of the Adelaide Law School, The University of Adelaide. A guide for the submission of manuscripts is set out at the back of this issue. Articles and other contributions for possible publication are welcomed. Copies of the journal may be purchased, or a subscription obtained, from: Administrative Officer For North America: Adelaide Law Review Association William S Hein & Co Adelaide Law School 1285 Main Street The University of Adelaide Buffalo NY 14209 South Australia 5005 USA AUSTRALIA e-mail: <[email protected]> <http://www.adelaide.edu.au/press/journals/law-review> This volume may be cited as: (2015) 36 Adelaide Law Review The articles in this volume are published in 2015. ISSN 0065-1915 © Copyright is vested in the Association and, in relation to each article, in its author, 2015. ALR_36(2).indb 4 9/03/2016 2:22 pm TABLE OF CONTENTS The Adelaide Law Review is a refereed journal that is published twice a year by the THEARTICLES 2011 JOHN BRAY ORATION Adelaide Law Review Association of the Adelaide Law School, The University of Adelaide. David Irvine Freedom and Security: Maintaining The Balance 295 A guide for the submission of manuscripts is set out at the back of this issue. Articles and Arron Honniball Private Political Activists and the International Law other contributions for possible publication are welcomed. Definition of Piracy: Acting for ‘Private Ends’ 279 ARTICLES NicolaChris McGarrity,Dent NordenfeltSunset Clauses v Maxim-Nordenfelt in Australian Anti-Terror: An Expanded Laws 307 Rishi Gulati and Reading 329 Copies of the journal may be purchased, or a subscription obtained, from: George Williams Trevor Ryan, Protecting the Rights of Those with Dementia Administrative Officer For North America: Adelaide Law Review Association William S Hein & Co JoyceBruce Chia Baer and Arnold ThroughDoing Business Mandatory To Do Registration Good: of Adelaide Law School 1285 Main Street Mirandaand Wendy Stewart Bonython Enduring Powers? A Comparative Analysis 355335 The University of Adelaide Buffalo NY 14209 Duane L Ostler Legislative Oversight of a Bill of Rights: South Australia 5005 USA Matthew Groves The Hardiman Rule 371 AUSTRALIA The American Perspective 387 e-mail: <[email protected]> GeoffreyKim Sorensen Lindell ToIn DefenceLeash or of Not The to High Leash Court the — Dogs Its Role of War? As An Agent of Constitutional Change 399 <http://www.adelaide.edu.au/press/journals/law-review> The Politics of Law and Australia’s Response to Mercenarism and Private Military and Security Ian Murray CompaniesTravel to Invigorate the Mind and the Wallet: 405 Do the International Tax Rules Appropriately This volume may be cited as: Encourage United States–Australian Academic Visits? 431 (2015) 36 Adelaide Law Review Gino Dal Pont The High Court’s Constructive Trust Tricenarian: The articles in this volume are published in 2015. Its Legacy from 1985–2015 459 Thanuja Rodrigo Unconscionable Demands Under On-Demand Guarantees: ISSN 0065-1915 Rami Hanegbi Small-scaleA Case of Wrongful Property Exploitation Development: 481 and Wes Obst GST Implications 483 James Allan and Time and Chance and the Prevailing Orthodoxy in © Copyright is vested in the Association and, in relation to each article, in its author, 2015. AnSvetlanathony Senanayake Tyulkina MilitantLegal Academia Democracy: Happeneth An Alien to Them Concept All — for A Study Australianof the Top LawConstitutional Journals of AustraliaLaw? and New Zealand 517519 LaurentiaJenny Buchan McKessar and AdministrativeThree Constitutional Law ThemesParallels in with the High Private Court Law Gehan Gunasekara Concepts:of Australia: Unconscionable 1 September 2008–19 Conduct, June Good 2010 Faith 559 and Fairness
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